To Legislate Filial Piety: Is the Elderly Rights Law a Panacea?

Abstract

With the life expectancy being steadily increasing, caring for an ageing population presents a paramount challenge in China. The article explores the traditional value of filial piety which is perceived to underpin social norms and beliefs about caring for aged parents. Apart from state and social institutions, a particular regard is given to the reshaping of relationships between aged persons and their family members. Given filial piety being a core value in Chinese cultures, there is a societal interest in protecting a healthy relationship between parents and children in the twenty-first century. In terms of the relational dimensions of current theories, it remains unclear whether an individual rights-based approach would have traction in the Chinese context, or represents an unintended disseverance from the Chinese traditional core values. More critically, a new law requires adult children to visit their elderly parents regularly. With the ongoing attempts to theorize and reconceptualize elder law across jurisdictions, the research further examines emerging legal issues that have arisen in China, and seeks to ascertain the extent to which the law addresses the above inquiry.

Combatting ageism in the Western Pacific region

“…23 The law explicitly dictates that adult children must visit their older parents frequently. 24 Accordingly, adult children are expected to take care of their parents both financially and psychologically in an era in which pensions, healthcare, and accommodation are no longer universally granted to older people. Although ensuring the welfare of older people by law is no doubt a positive move, the presence of an official law implies that filial piety might not be the norm in all families.…”

Elder abuse among Chinese older adults: global lessons

“…While these ironclad norms may be protective in some ways, they may also carry their own burdens, as do prescriptive care laws. In China, the care of older people by adult children is a legal responsibility not a choice (Bu, 2021;Du and Chen, 2021). As such, older Chinese adults mainly rely on their adult children for emotional, physical, and financial support.…”